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Halfords overfilled engine oil and refuse to repair vehicle fully!

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  • Halfords overfilled engine oil and refuse to repair vehicle fully!

    First of all if this is not posted in the correct section I apologise..I've tried to be as detailed as possible in explaining this matter.

    I decided on Christmas Eve 2014 last year that in between Christmas shopping I'd take advantage of the 10% off deal at Halfords and top up my engine oil and buy some other car items. I Left them to do it (the engine oil top up) after purchasing a 5L bottle of engine oil they said was compatible.
    On coming back to my car my partner and child waited in the car and the man did all the oil change using a beaker. I asked him if it was full and he said its 3/4 full, but i noticed he was using no measuring device to measure the amount he was putting in, which worried me so I took a sly photograph of him. I said fair enough when he had done and he was about to close the bonnet when I had to remind him he actually hadn't put the engine oil cap on and had left it on the front car window. He apologised and said he'd been working since 6am so he was glad I had noticed . I Didn't think anything of it as he'd been the one with the dipstick and was part of the Halfords 'We fit team' so I believed he'd just had a long day.

    My house is 3.78 miles from Halfords so I began driving home with the family when all of a sudden I'd say 1 mile later of driving white smoke started appearing from the exhaust and engine. I pulled over worried as I had my 2 year old son in the car and decided that as this had happened oddly only after the oil top up check I decided to check the oil dipstick. To my shock it was majorly overfilled (by about 3-4 times, so i took a photograph and sent it to a friend to ask him for advice as he is more wise on car matters than myself). He told me to go back to Halfords as my engine oil sump would need draining immediately as it was overfilled and if I continue to drive it will seriously damage the car, so I did this. As I restarted the car and drove back my car's trip computer came up with a message saying 'engine malfunction' 'engine oil overfill' which then began flashing a icon on my dashboard ( I took a photograph of this on my phone again).

    So I went back to Halfords, the man checked the dipstick and said yes oddly it is over but I'm sure I only put a 'little' in although he accepted that engine oil apparently rises with heat in volume.. I wasn't aware of this. Eventually the supervisor comes out and says Halfords don't have the faculties to drain the engine oil out but they would ring a halfords auto centre mechanic for advice. The supervisor came back and said that she has rang a Halfords mechanic at their auto centre and told them overfilling engine oil would do no damage as it was only probably by a bit say half a litre or something and the only reason my cars trip computer would be saying there is an engine overfill causing a engine malfunction is because of a faulty sensor and because it was over a small amount.
    Therefore Halfords supervisor told me the car was safe to drive and if anything did go wrong they would fix it at a Halfords auto centre.

    This did not add upto me or make logical sense and as I googled engine oil overfill dangers on my phone whilst all this was happening and read some dreadful things..I started to worry what if I return to the store and none of these staff are in..i would have no proof of the matter..so I began to become worried even more and agitated so as the members of staff began coming out to my vehicle as I was not leaving.. I took photographs of them and on return to the store I went into ask them 100% if my car was safe to drive and speaking to the store manager and staff I decided to record them on my iPhone's voice recorder so that I had some proof of the conversation to back myself up if anything should happen.

    On recording the conversation the staff said 'The cars probably just over by a bit and its a false sensor. The store manager went onto say he drives his car which had 156,000 on the clock with engine oil overfilled all the time. They then said 3 times that if anything goes wrong or any problems occur because of the overfill Halfords have insurance in place and they will pay for it and fix it at a halfords auto centre. The 'we fit' staff even said they had fitted batteries faultily' before and Halfords had paid for it. They told me to drive wherever I needed to for Christmas which i explained was Nottingham (60 miles away) and they said the car would be fine.
    I left the store with the recording saved and after asking for all the staff members names, which I noted down.. I was told to 'stop worrying as the store would back me up' (this was on the audio recorded) but still feeling as if I had been pushed away and told whatever to leave with lip service. I therefore drove the car 4 miles home and left it parked up and did no further driving in it.

    I decided on return to my home I would ring my breakdown cover- Autonational recovery and get a second opinion on the matter to rest my mind.
    When auto national sent a recovery mechanic out he said the car was overfilled majorly and by at least 1-2 litres. I played the mechanic what Halfords had said and he told me it was complete rubbish. Apparently according to him underling an engine is as bad as overfilling it and the amount of danger it can cause is huge.
    I therefore didn't get the car towed as I wanted to take the matter up with Halfords.
    I kept a copy of the electronic breakdown report email and asked the breakdown man to put his findings in it.
    He sent me this which was helpful.

    On Boxing day I called Halfords customer service and explained the situation and the fact that it had meant on Christmas I had been left stranded without a working car. I was told a 'case' had been opened and they would speak to the store and call me back.
    I never got a call back after a hour so rang halfords. Halfords Customer Service said they'd pay for my car to be fixed 'until i was happy' quoting their own words. They stated that they would speak to the store supervisor and instruct them on how to sort this out for me and it would be taken to a Halfords auto centre at the earliest point.

    On the same day i get a called from someone in their claims team only 3-4 hours later in the evening asking me to provide the receipt and saying that Halfords claim they only put 1 litre in my car and I only bought a 2 litre bottle. I explained to the man that clearly the staff are incompetent and I had audio evidence of their promises and also the breakdown report. The claims man asked me to send this all as evidence to their email address so i did all of that.
    All together I sent them - the breakdown report and comments of the mechanic which state in them that the car is undriveable and needs taking to a garage to assess damage and in that the breakdown assistance mechanic/recover has said that he has listened to the Halfords audio clip and advises against driving the vehicle as it could blow seals etc.
    I have also sent them a picture of the dipstick with the time taken from the iPhone (which shows it was taken on Wednesday 10 minutes after leaving the store) and my receipt to show the engine oil was a 5L bottle. I've explained to them that no measurement was done when topping up the engine oil and I assumed that their staff were experienced in doing this thus why they don't measure things.
    I also attached in mp3 format the audio recording as outlined above with everything said.

    I called them at this point on the weekend after Christmas and they told me they hadn't got the evidence and to send it in invididual messages. I got a call back to say that they had got it but the mp3 had been 'quarantined' by the IT team and had to be passed onto the 'legal team' and that the claims handler would explain this to me on Monday and they could not speak to me about this.

    At this point Halfords had ruined my christmas and the look on my son's face because of their error when he was told by myself he couldn't visit his grandmother or get his presents on Christmas day was devastating for me as a father and something Halfords can't compensate me for.


    I then decided to get some consumer advice and post on Moneysavingexpert about the matter and so I posted my story on MSE inc pics etc. Halfords called me 1 day after me posting on Moneysavingexpert and said that my thread had had over 12,000 views and was damaging their companies reputation as I had disclosed the case to them which was a breach of 'case confidentiality' and 'data confidentiality' between myself and Halfords so they wanted me to remove it as their legal team said my thread was illegal.
    I told them that I felt i was well within my rights to post on a consumer rights forum and ask for advice but I agreed to remove it although I argued that I felt no names had been mentioned of staff so it could be about any Halfords and wasn't anything illegal about that at all, eventually they didn't pressure me anymore about this.
    Halfords then told me they'd repair my car and have it towed to an auto centre (this was 6 days later after Christmas eve.)
    Well the car was taken into an auto centre and towed as promised.
    The auto centre said the car had been overfilled by 1-2 litres of engine oil and flushed the system and conducted repairs.
    I was not told what was changed just that the car had been 'repaired' according to Halfords. I was advised by a friend who is studying mechanics to ask Halfords to check the catalytic converter when they did the repair as I was told that its common for engine oil and smoke to damage the catalytic converter. So I asked Halfords to do this and on picking up the car they passed me a emissions test which said everything passed and proved there was nothing wrong with the car/cat converter.
    On picking the car up I was not told specifics on all the parts changed, only that some spark plugs had been changed and the system flushed.
    I was not given anything to sign for the repair and simply given the keys.
    After getting the car back I noticed that the cd player and air conditioning were not working. These were not faulty before this incident and i guessed that perhaps in someway they had been intervened with in the process of repair.
    So I emailed Halfords and rang them. i was promised on 3 different dates that I would get a call back as the claims member dealing with this matter would ring me back but these promised calls didn't happen. 7 days later I was driving the vehicle on the M1 and the original engine warning light came back on. I immediately rang Halfords and explained that prior to the emails and phonecalls something now needed to be done as it was becoming apparent the car had not been repaired properly and I was going to seek legal advice. Halfords did get their claims worker to ring me back and he then told me he would get the car towed to a nearby auto centre for diagnosis.
    After 3 days of not having a car i was told that Halfords would provide me a hire car as the repair would take 1 day.
    The hire car was given to me for 1 week. Towards the end of the week I got a phone call from the claims team member and he said that the catalytic converter on the car had done. I explained to him that I had prior asked for this to be checked so how could it have gone?
    He told me that Halfords mechanic had said it can be a 'unforeseeable damage' but can happen from a engine oil overfill so as the catalytic converter was a expensive part Halfords would have to conduct a investigation into how this happened. I explained that my car had prior been checked at a garage only a month before this incident in Nov and it had no issues therefore as far as i was concerned Halfords had not done a proper repair and were liable,
    I was then told that by the end of the following week a decision would be made from the investigation.
    That week I heard nothing and was told the repair hadn't been authorised as the store needed to speak to everyone involved from the original incident at the original Halfords.
    I awaited a decision but heard nothing and with the car hire running out I was left worrying that the car hire would run out and I had heard nothing from Halfords. I decided to ring the car hire to seek advice and they told me that the car had been extended in terms of hire.
    Halfords hadn't bothered to tell me so I decided to ring them as I had been prior promised the investigation was close to being finalised.
    On Wednesday I managed to finally speak to the claims team member after number promised calls bacs, who asked me what the cars value was and if I would be open to a settlement about the car? I explained to him that if Halfords couldn't repair the car then yes I'd have no option but to accept the value of the vehicle and more over i would like a end to the matter because it had been going for a month.
    The claims team member told me that they would this Friday (by the end of the week) which was yesterday have a decision about if 'Halfords were liable'. I yesterday tried calling to speak to the claims team member and at 1pm was told he had gone out for his lunch but he would ring me back by the end of the day. At 5pm I had heard nothing and rang in again to be told 'he's literally turned off his PC and he's coming back at 7pm to work late so he'll call you then..'.. I never got the promised phone call back.
    Today I woke up to a email from the claims member from yesterday saying that he had asked all 3 halfords members from the original store to give witness statements on the incident.
    Halfords claims team now said that all 3 staff members were claiming that they inspected the car on filling the engine oil and it was at the minimum mark and they all were certain only 1 litre of engine oil was put in. When it was took to the auto centre obviously they said it was overfilled by 1-2 litres but not given an exact measurement. Therefore as all 3 staff said they overfilled 1 litre but the overfill was diagnosed at 1-2 litres Halfords are not liable for any damage/repair because the engine oil levels do not match. The implication was then left that on Christmas Eve I probably decided to damage my own vehicle and 'frame' Halfords for it..why I would do this to my family and myself and ruin my car for life I do not know..but it seems as if Halfords clutched at straws for a way out..

    I am extremely angry at Halfords and it seems that their staff have lied their way out of this and more over Halfords have misled me numerous times. My breakdown cover came out and inspected the vehicle and diagnosed the overfill aso its apparent that this is a lie and the staff obviously are blatantly lieing about all being there at the same time.
    Moreover m the audio where the staff said they had 'overfilled the car by a little' therefore if all 3 of them examined the vehicle then why would they accept liability at that time?
    Their lies do not match up. I have thought to ask for the store CCTV inside and outside to prove the staff member was negligent and 3 people did not supervise one top up but i guess maybe they won't provide it with some excuse?
    At the time of the incident i also took a photograph of the member doing the work because I was worried he may deny the incident as I mentioned earlier and I was worried he may have given me a false name and I would only have a description to rely on. The reason I took audio covert recording was because of the contradicting information given to me...and 3 people did not look at the car whilst it being topped up so I know this is a lie. My partner is a witness too as she was in the car when the top up occurred and I was with her throughout the day.

    It seems as if Halfords don't want to pay the repair of the vehicle or write off costs so they have pushed the blame elsewhere and told me now they won't pay anymore on the car and if am unhappy seek legal advice and write to their address.
    I rang Halfords today and told them of my unhappiness on the matter and proof of photographic evidence, am promised that a higher level claims team member will ring me..But I'm left with a car damaged from the negligence of Halfords staff and a closed case full of lies..
    I am going to get a quote from Nissan for the repair but also have
    -Written proof from Nissan that a engine oil overfill can cause catalytic converter damage
    - Proof of all expenses incurred (my breakdown cover has increased as a result of the call out..so I got this in writing.)
    - I am getting written proof of the engine oil level from the last service at the garage which was at the end of nov, 24 days before this incident.
    - I also had a 'full car check' done 2 days before this incident at Kwik fit, the car did not have any issues then and am going to get this in writing.
    - Quote of cost of repairs from Nissan for cat converter

    What would you do? I'm thinking that a letter of action maybe the only option, I've never done a small claims court claim..all I want really is my car repaired, I am not seeking any compensation...but I'm at my wits end now with this matter..and forced to go to this forum as a innocent consumer seeking any advice...
    Last edited by manofprinciple; 26th January 2015, 00:51:AM.
    Tags: None

  • #2
    Re: Halfords overfilled engine oil and refuse to repair vehicle fully!

    I think you already realise your next step is to send a LBA.
    If you post up a draft (suitably redacted) you get advice on how to tweak it if necessary

    Comment


    • #3
      Re: Halfords overfilled engine oil and refuse to repair vehicle fully!

      Thanks des I will do . Am meant to be getting a phone call today from the higher up person past the claims team but nothing as of yet ! No worries anyway as it gives me more time and reasonable cause to execute legal action. I jw have many people beaten halfords in court? I feel I have a strong case but am nervous about the small claims procedure and courts..I've never done it before

      Comment


      • #4
        Re: Halfords overfilled engine oil and refuse to repair vehicle fully!

        No need to be nervous about small claims. Just make sure you have everything documented. Once started it just flows automatically.

        Comment


        • #5
          Re: Halfords overfilled engine oil and refuse to repair vehicle fully!

          Thanks ostell and thanks des8. I was promised by Halfords on Saturday when I received their email as per my original post that I would get my case escalated to a higher management/person but Halfords never called. Would i be penalised and seen as overzealous by a judge if I thus sent them a letter of legal action warning before trying mediation? Just I've checked my email and had this from Halfords on 26/01/15 so seems they have already asked for legal action...this is what I got:

          Dear Mr XXXXXXXX,

          I understand that you have contacted us over the weekend in regards our response dated the 23rd.

          I can confirm that I have already discussed this case in detail with Halfords' High Level Complaints Manager, XXX XXXXX, prior to sending the email on the 23rd and that she has confirmed our stance.

          As previously advised if you do wish to take this further then I can only advise that you seek independent legal advice and address any correspondence to Halfords Legal, as we will not be giving this further consideration at Customer Services. Any further calls to our customer services team with 'evidence' will be recorded and classified as harassment.

          Kind regards

          XXXX
          Claims Consultant

          Comment


          • #6
            Re: Halfords overfilled engine oil and refuse to repair vehicle fully!

            I have drafted this up, what do you all think??

            Dear Halfords,

            Further to the ongoing communications I now write to you to inform you of my intention to take this matter to the small claims court as I have not yet had a satisfactory response to my case and complaint.
            I have given you reasonable opportunity to resolve my complaint and even been reasonable to lower all costs so Halfords pay the minimum compensation to me which has meant I have suffered a financial loss.
            You have failed to accept liability and have allowed staff to falsify witness statements.
            From your correspondence it seems that Halfords are stating that the original staff member ‘Jack’ did not overfill my vehicle as 3 members of staff supervised the original engine oil top up for 1 customer (me) and all examined the dipstick which was at below minimum level (so at least we agreed on the fact that the oil was needed).
            I can provide evidence in the form of photograph showing 1 person at my car and audio tape).
            Therefore I ask Halford to provide proof by store CCTV that there was 3 staff members examining my car, this is quite simple matter as it will settle the issue finally as there will be in-store CCTV on the forecourt showing Halford staff movements and where they were at my car.
            It is normal behaviour for me to record things and keep letters from years back as I have this type of personal trait. I even photography my car when I park it anywhere before and after (so I do not get a PCN in the post).
            It appears to me that Halfords are now changing their version of events when liability was originally accepted thus, accusing a customer of lying, and I would like you to prove these allegations Halfords are making by proving the above CCTV film for the 24/12/14.
            I look forward to seeing your evidence within 3 working days. Please send this to myself via email, post at the above address, or to Grayson Solictors (who I am in the process of instructing on the matter)
            I would also like to remind you that my partner was in the car and I contacted Halfords store in question within 15-minutes of leaving as my car started smoking. I have provided engine report from my Breakdown Recovery and Nissan which all sources Halfords liable. I have no reason to damage my car, I have no reason to put myself through this unnecessary stress. I have looked after my car and I can provide proof that this as the car was only serviced in November 2014 of which the engine oil was full. I have written confirmation to this.
            If I do not hear back from you by 30th January I shall start legal proceedings which may add more money to this matter as I intend to cover any losses.
            May I also make you aware that by failing to resolve this matter there has been a breach of duty of care almost certainly resulting in liability for negligence had myssustained any injury from using the car in that condition
            Yours sincerely

            Comment


            • #7
              Re: Halfords overfilled engine oil and refuse to repair vehicle fully!

              First thing that hit a reader is a solid block of text which is very hard to read.

              Needs thinning down, to a more concise and formatted layout, bullet points and punctuation needed.

              nem

              Comment


              • #8
                Re: Halfords overfilled engine oil and refuse to repair vehicle fully!

                As Nem says "thin it down".
                Letters before Action have to contain certain information as set out in CPR dealing with Pre Action Conduct (http://www.justice.gov.uk/courts/pro...action_conduct)
                The section you really must try and comply with is "Annex A para 2.

                Regarding the incident itself, keep it to the bare bones.
                Just enough for Halfords to be able to identify the problem, and refer to previous correspondence.

                Comment


                • #9
                  Re: Halfords overfilled engine oil and refuse to repair vehicle fully!

                  WARNING: NOTICE OF INTENDED COURT PROCEEDINGS

                  Dear Halfords,

                  As you maybe aware on the 24th December 2014 date I visited Halfords at Cortonwood, Barnsley and paid for my engine oil to be topped up.

                  The Halfords employee responsible for this overfilled the oil. Your branch acknowledged this error, but advised the car was safe to drive, when it was not.
                  Your organization has now retracted liability and allowed staff to falsify ‘witness’ statements although evidence has been provided that the statements given are false. (Photographs of the top up occurring with only 1 member of staff and independent witness testimonial.)

                  The excess oil caused damage to my vehicle in the form of:
                  -Catalytic Converter
                  -Spark plugs
                  -Exhaust system
                  -Gasket

                  However despite numerous requests, you have failed to pay or repair the vehicle in the last 35 days.
                  Therefore my total costs now incurred because of your error are £4944.60.
                  These costs breakdown as:

                  Car Value (Pre Valuation Certificate) - £2400
                  Legal Assistance Cost from Solicitors - £100
                  Taxi costs incurred during repair - £24
                  Increase in Breakdown cover insurance - £234.19
                  Loss of breakdown cover no claims bonus due to Halfords- 7 years lost - £100 x 7 years per each year= £700
                  Loss of time and inconvenience - £700 = £20 a day x 35 days (from 24th December until day of legal letter of issue)
                  Loss in petrol by Halfords during first repair = £26.41
                  Loss in road tax- £280
                  Loss of insurance - £400
                  Postoage costs- £10
                  Telephone calls - £17.99
                  Interest- (set at 8% standard bank rate) - £70
                  Total- £4944.60

                  The cost to repair my vehicle thus is £2700 as quoted by Nissan Huddersfield on 27/01/15.
                  I am happy for Halfords to conduct the repair themselves and reimburse me where I have incurred charges because of their error as per my original agreement within the next 7 days but I shall require a hire car whilst the repair is on going

                  I now require that you pay the sum of £4944.60 or repair the vehicle and reimburse me the charges incurred because of your error within 7 days, otherwise I will start a claim in the county court, and will be claiming for my costs and interest in addition to this as per above.

                  Comment


                  • #10
                    Re: Halfords overfilled engine oil and refuse to repair vehicle fully!

                    Is this ok? Let me know thank guys

                    Comment


                    • #11
                      Re: Halfords overfilled engine oil and refuse to repair vehicle fully!

                      WARNING: NOTICE OF INTENDED COURT PROCEEDINGS
                      A
                      JDear Halfords,

                      As you maybe aware on the 24
                      th
                      December 2014 date I visited Halfords at Cortonwood, Barnsley and paid for my engine oil to be topped up.

                      The Halfords employee responsible for this overfilled the oil. Your branch acknowledged this error, but advised the car was safe to drive, when it was not.
                      Your organization has now retracted liability and allowed staff to falsify ‘witness’ statements although evidence has been provided that the statements given are false. (Photographs of the top up occurring with only 1 member of staff and independent witness testimonial.)

                      The excess oil caused damage to my vehicle in the form of:
                      -Catalytic Converter
                      -Spark plugs
                      -Exhaust system
                      -Gasket

                      However despite numerous requests, you have failed to pay or repair the vehicle in the last 35 days.
                      Therefore my total costs now incurred because of your error are £4944.60.
                      These costs breakdown as:

                      Car Value (Pre Valuation Certificate) - £2400
                      Legal Assistance Cost from Solicitors - £100
                      Taxi costs incurred during repair - £24
                      Increase in Breakdown cover insurance - £234.19
                      Loss of breakdown cover no claims bonus due to Halfords- 7 years lost - £100 x 7 years per each year= £700
                      Loss of time and inconvenience - £700 = £20 a day x 35 days (from 24th December until day of legal letter of issue)
                      Loss in petrol by Halfords during first repair = £26.41
                      Loss in road tax- £280
                      Loss of insurance - £400
                      Postoage costs- £10
                      Telephone calls - £17.99
                      Interest- (set at 8% standard bank rate) - £70
                      Total- £4944.60

                      The cost to repair my vehicle thus is £2700 as quoted by Nissan Huddersfield on 27/01/15.
                      I am happy for Halfords to conduct the repair themselves and reimburse me where I have incurred charges because of their error as per my original agreement within the next 7 days but I shall require a hire car whilst the repair is on going

                      I now require that you pay the sum of £4944.60 or repair the vehicle and reimburse me the charges incurred because of your error within 7 days, otherwise I will start a claim in the county court, and will be claiming for my costs and interest in addition to this as per above.

                      Comment


                      • #12
                        Re: Halfords overfilled engine oil and refuse to repair vehicle fully!

                        Formatting problem????
                        Title should be LETTER BEFORE ACTION

                        nem

                        Comment


                        • #13
                          Re: Halfords overfilled engine oil and refuse to repair vehicle fully!

                          Are all these looses provable would think Halfords would make an offer no where near this amount if refused would take a chance in court.
                          Why is there a claim for road tax?

                          Comment


                          • #14
                            Re: Halfords overfilled engine oil and refuse to repair vehicle fully!

                            Seems like the OP is seeking redress for not being able to use the card whilst the tax is current, very unlikely that Halfords will even consider it I think.

                            Comment


                            • #15
                              Re: Halfords overfilled engine oil and refuse to repair vehicle fully!

                              Originally posted by nemesis45 View Post
                              Seems like the OP is seeking redress for not being able to use the card whilst the tax is current, very unlikely that Halfords will even consider it I think.
                              Hi the road tax and insurance costs I have changed to just 4 months loss so it's now at 4k expenses in total (2700 being the car). The reason am asking for road tax and car insurance back is because Nissan said simply replacing the cat converter will not fix the problem. They have said this in writing and quoted £2700 repair, but the last valuation of the car was £2400.
                              Halfords also told me they'd reimburse me for the cost of any charges I incurred because of them. Well my breakdown went up because I hadn't claimed in 4 years but to get their opinion on wether the car was safe to drive. Halfords demanded to see this originally before doing their 'repair'. Of course this led as am a young driver to my premium increasing. Again I have this in writing. Therefore this is all charges I have only incurred because of Halford's error. At the end of the day if the staff were competently trained I would not be loosing road tax I have paid for and insurance too. The store still has not returned the car to me further to their email last saturday too. Ive tried to lower the costs incurred below
                              Last edited by manofprinciple; 28th January 2015, 10:18:AM.

                              Comment

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